Lara/ A'ohs 



who liad him on trial would have either to 

 keep the horse at the price put upon him b}- 

 the dealer, or pay what the dealer would 

 consider an equivalent for the depreciation in 

 value sustained by the animal. But would it be 

 fair that the person who had the horse on trial 

 should sustain this loss, seeing that the damage 

 was actually caused by the act of another man? 

 Clrant that the lameness was the result of 

 '• accident," as alleged by the defenders in 

 the Galashiels case, that does not lessen the 

 responsibility of the person who caused the 

 injury. If George Mark had sent his horse 

 by railway, and the horse had been injured 

 in course of transit, there is not a doubt but 

 that he would have got damages from the 

 railway company, although in that case, as 

 well as in the case in question, " accident " 

 might have been urged as a plea in defence. 



George Mark deserves credit for having 

 brought forward this case, although he 

 suffered what he would call both "the skaithe 

 and the scorn," inasmuch as that, in addi- 

 tion to the injury caused to his horse by the 

 defenders, he appears to have been sharply 

 reproved by the Sheriff for remissness in not 

 taking steps to repair that injury. Seeing, 

 however, that horses are so frequently injured, 

 we may say ruined, by blacksmiths, it is im- 

 portant that attention should be drawn to the 

 matter, so that it shall be clearly ascertained 

 whether they are to be held responsible for 

 any injury caused by them, or exempted from 



such responsibility, and the grounds upon 

 which exemption is to be extended to them. 

 If blacksmiths are held responsible, it will 

 have the effect of forcing them to acquire, 

 what most of them do not possess at present, 

 a thorough scientific knowledge of the forma- 

 tion of the foot of the horse, and the proper 

 principles of horse-shoeing, before they ven- 

 ture to undertake a duty of that kind. I'he 

 extract from the old Act of James III. of 

 Scotland, quoted in the report given above, 

 shews that that monarch held very sound 

 views on the subject ; and it certainly would 

 be a pity if that Act has really become 

 obsolete, ^^'e repeat the words of the Act, 

 modernizing some of the terms used : — 

 " Forasmuch as ignorant smiths, through 

 ignorance or drunkenness, spoil or lame 

 men's horses by shoeing in the quick, it is 

 enacted and ordained that whenever a smith 

 shoes a man's horse in the quick, that smith 

 shall pay the cost of the horse until he be 

 Avhole, and in the meantime find the man a 

 horse to ride upon and do his labour until 

 the said horse be. whole ; and if the said 

 horse is lamed through the shoeing, and will 

 not heal, the smith shall keep the said horse 

 himself, and pay the price of the horse to the 

 man that owed him." Should this Act be 

 revived, there are some shoeing smiths, we 

 fear, who will require rather extensive stable 

 accommodation. 



